>> anyway, i'm on at 5:00 o'clock every afternoon here in new york and the number is 1, 2, 3. >> brian: fox sports 1. >> steve: all over. >> ainsley: new sports network. >> i just wanted to say good-bye, everybody. nice to be with you. martha: thanks, you guys. well, dramatic 911 call that turned what could have been a mass school tragedy into peaceful outcome. what a story this is today. we're now hearing exactly how a school bookkeeper came face-to-face with a mad gunman. there was a scene of panic as everybody ran out of that school. she talked him off the ledge. she talked him into surrender. much good morning, everybody, i'm martha maccallum here in "america's newsroom." what a story this is. gregg: incredible courage. i'm gregg jarrett in for bill hemmer. listen to the hero of this story. her name is antoinette toff. she came face-to-face with the shooting suspect, michael brand

done hill. >> oh i'm in the front office. he went outside to start shooting. [gunfire] can i run? >> can you get somewhere safe? >> yeah. i got to go. and he's coming back. >> put the phone down. >> okay. she said she is getting police to tell him to back off for you, okay? >> tell them to stop all movement. >> okay. okay. >> stop all movement now on the ground. stop all movement on the ground. he said don't care if he die. he have nothing to live for. he says he is not mentally stable. >> stay on the line with me. okay? put the phone down if you have to but don't put it on hold so i can't hear. martha: she not only calms him

down but then she speaks to the police and becomes a intermediary in this situation. she convinces him to give himself up before hurting anybody. listen to this part. >> let me talk to them and let's see if we can work it out so you don't have to go away with them for a long time. no, it does matter. i can let them know you have not tried to harm me or do anything with me if you want to. but that doesn't maybe any difference you didn't hit anybody. >> [inaudible] >> let me ask you this, ma'am. he didn't hit anybody. he shot outside the door. if i walk out there with him? if i walk out there with him, so they won't shoot him or anything like that, he wants to give himself up, is that okay? they won't shoot him? martha: she put herself in a such a position. he could have walked out with her and took her hostage. rick leventhal covering the story joins us live. this is amazing outcome.

this is like you want to see every time. a blessing in this case. >> her name is tough. he is brave and heroic. michael hill walked into the discovery academy near atlanta backpacking 500 rounds of ammunition. that was enough to kill more than half students were there. he fortunately he stop ad the front office first, the bookkeeper, who called 911 took on the role of hostage negotiator and spoke on behalf of the gunman. here is more. >> the gun is stolen. he knows the whole story about the gun. he let you all know that. >> okay. >> [inaudible] >> do you want him to take his belt off? >> that's fine. take all the weapons off. >> she said that is fine. take all your weapons off. he said don't have no more weapons. >> okay. >> okay. >> [inaudible] >> he is on the ground now with hands behind the back. officer, don't come in shooting anything, and i will buzz them in. >> okay.

>> hold on sit right there. i will buzz them in so you know when they coming, okay? okay. just stay there calm, don't worry about it. i sit right here, they see that you did not try to harm me, okay? okay. >> okay. >> it's going to be all right sweetie. i want you to know i love you. i'm proud of you. that is good thing you have given up. don't worry about it. we all go through something in life. >> [inaudible] >> no, you don't want that. you're going to be okay. >> poise, right? she was poised. that 911 call last the almost 25 minutes. she was calm and collected. at one point she talked to the gunman about her own trial. she just divorced her husband of 33 years, martha. martha: it is incredible. she said she loves him and everybody goes through things. it is just an you unbelievable story. the gunman said he did not want to shoot the kids, right?

>> reporter: he told the bookkeeper he was not aiming for police not the 870 children that attended school. he exchanged gunfire with his ak 4but fortunately no one was hurt. when it was all over the bookkeeper who gained her composure admitted she was scared. >> he got to the phone. [shouting] >> do not move. >> just him. >> we got it. >> okay. it is just him. hello? >> yes. >> i'm tell you something baby, i never been so scared in all my life. >> you did great. >> oh jesus. >> you did great. >> oh, god. >> she did do great. hill, the gunman is charged with aggravated assault on a police officer, possession of a firearm by a convicted felon and terroristic threats. everyone is okay.

>> it is unbelievable. the rick, thank you so much. you can hear just enormous relief when she gets through that moment and she is able to say, i was so scared. this woman, that is what they teach hostage negotiators, you know, go through extensive training. she did a fantastic job. she is a great citizen and protector. gregg: she offered empathy and sympathy to heem and reasoned with him and really talked him off the ledge and won the day and saved 9 lives of all those kids. what a hero. we'll talk by the way to dr. keith ablow about what she did that was so very important here. martha: good story, right. we don't get to tell that many good stories some days and that is one for you today. gregg: rick, thanks. gregg: new fallout from obamacare. ups and the university of

virginia both announcing they are cutting health benefits for husbands and wives of some of the employees. both are citing costs directly associated with the new health care law as a driving factor. joining to us talk about it now, stu varnishings host of "varney & company" on the fox business network. so some of these spouse, see you later. not going to be on the plan. >> do you remember, this gregg? if you like your plan you get to keep it. that was a promise made by president obama when we were first getting into obamacare and reform of the health care system. there was also a promise made the cost of health care coverage would go down. well the situation at the university of virginia contradicts those two promises directly. three ways. number one, at the university of virginia, as you say, gregg, they are going to drop the coverage for your spouse, if your spouse can get coverage elsewhere. that is a policy, coverage which will not be extended. number two, it is going to cost the university of virginia

$7.3 million extra next year because of obamacare. that cost to them has gone up, not down, up. number three, university of virginia will have to pay a lot more tax on the generous health care coverage that it offers to some of its staffers. so in three ways those two initial promises of obamacare have been abrogated so to speak and that is just at the university of virginia. it is also true at ups and several other leading corporations today. gregg: and, stu, to critics of obamacare and those who actually thought it through, it didn't make any logical sense that if you're going to force people to have more coverage than they want or need, it doesn't come for free. tough pay for that. and on top of it now, there are all these penalty, and yes, you just pointed out taxes for that. so that naturally drives up cost, right? >> yes it does the point is,gy guess that four years ago when

we were getting into health care reform, you had to sell it. it had to be sold to the public and sold as a political vehicle to change our health care system. to sell it, you have got to promise the costs would go down and everything would be just fine with the policy you've already got. those were promises made then. they're simply not being fulfilled now. frankly, gregg, with what, 40 days to go with the start of these exchanges, looks like we're in for a period of chaos, certainly in the early going of obamacare. gregg: there is also word, and we'll talk about later on, the people who are implementing this, they don't understand. how could anybody understand 18,000 plus pages of regulations. you know, it is just mind bog gelling. >> here's what you got to think about. it is not working, got it? gregg: got it. stu varney, thanks. maybe they will make it work. who knows. thanks. martha: we have a busy show this morning. we're just getting started this morning. a lot we think you'll be

interested in this morning. the question of syria, have they, as these videos certainly attest, crossed the red line? new reports of horrific near-death attacks against children, against people all through the streets. what the world community can and should do about this? gregg: plus is the nsa trampling on the u.s. constitution? new revelations its gathered thousands and thousands of e-mails from innocent americans. martha: and the race debate is back on the front burner today, sadly. it is there because of three teenagers who are accused of gunning down this college athlete because they were bored. what else do we know here? what a top civil rights leader is now saying about this the victim's heartbroken girlfriend speaks out. >> personally hand-picked quality for the perfect person i think he would be the outcome that you would find.

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gregg: bradley manning, the army private sentenced to 35 years in prison for one of the biggest intelligence leaks in american history, now says he plans to live as a woman named chelsea and wants to begin hormone therapy. that according to manning who sent a written statement to "the today show." manning struggled with gender identity disorder was a key part of his defense. meantime manning is also seeking a pardon from president obama. his attorneys saying manning will send the president a letter explaining why he decided to leak classified documents to wikileaks when he makes that request. >> we have been very clear to the assad regime but also to other players on the ground that a red line for us is, we start seeing a whole bunch of chemical

weapons moving around or being utilized that would change my calculus. that would change my equation. martha: was it a whole bunch of moving around is the question this morning. president obama said that exactly one year ago today, now we have mounting evidence that syria's regime is in fact using chemical weapons on their own people. rebels claiming hundreds of people, many of them children were killed in a nerve gas attack. horrific video has been circulating on this. very, very hard to look at many of these images in these videos the obama administration says they don't want to get into specifics at all really. >> i'm not talking about red lines. i'm not having a debate or conversation about red lines and i'm not setting red lines. not talking about red today. i am talking, we've talked about that. we litigated that. the white house made announcements about that a couple of months ago. what our focus is on now looking at all reports making sure, pushing for the u.n. investigative team to have

access. martha: kind of a light moment i guess, joking about red lines there. and as i mentioned the video these attacks is too graphic frankly for us to show it to you here. so this is a very serious discussion. kt mcfarland is a fox news national security analyst and she joins me now. kt, this is a rock and a hard place to be sure. >> yeah. you know here's the problem, martha. if you go make threats, any parent knows this you make a threat you ready to be willing to carry it out because if not they will call your bluff and what they will do next is worse than what they did in the first place. that is what president obama did. a year ago he made this speech. he thought by making the speech that would stop the problem. well it hasn't. the syrians have called his bluff. they appeared to have used chemical weapons. as you just said, martha, you look at those videos, we're americans. we're good people, we look at that and we say we got to do something. other countries, russians,

chinese, they look at videos and they don't want to do something. we look at it, and think, how are we going to stop this, what are we going to do? martha: kt, you have a lot of history and experience in the white house during these kind of history-making moments and when you look at this is a extremely tricky situation. we know what martin dempsey said, general dempsey said about, this basically was a no-win and something we'll not get involved in. what do you think a president reagan or a president bush would do? would they be doing basically the same thing? >> here's where i think you've got to look at it. what are our options? well i think first you have to realize, first, do no hammer. if you send boots on the ground, is that going to be successful? no, it probably leads to larger regional war or bigger war than that. some people said, well, arm the rebels. the problem with arming the rebels, the strongest group of rebels is al qaeda. you don't want to give them weapons they will ultimately turn around and use against us

or our allies. the second thing, whatever happens, do not act alone. the british, the french, the israelis come out and said they would be willing to take some kind of action if chemical weapons are used. finally, make sure whatever we do is effective. i've got to assume that the israelis have war gamed this out. the israelis said if they see chemical weapons moving from syria across-the-boarder into lebanon into the hands of hezbollah they will act. that leads me to believe that the israelis know where the chemical weapons are. whatever we're planning, i hope we're planning something, whether it be sabotage, covert action, missile strikes, bombs, we have to make sure whatever we do has high likelihood of success and doesn't lead to a bigger problem. martha: that is the concern obviously. >> yeah. martha: if you knock assad out and look at the lessons of peegypt, now assad is clearly a bad actor. we know that. but what's the alternative? are the rebels now so

intertwined with al qaeda that you end up with, you know, something that could look even worse in syria? >> yeah. because the one thing we've learned, however bad dictators are what comes after them is even worse. one thing we learned from the iraq war, we better make sure that we have incontrovertible proof that these weapons have been used. i look at the videos it is clear somebody used chemical weapons on somebody. but who used them, when did they use them, where did they use them? a team of u.n. chemical weapons inspectors just arrived in syria. hopefully they find more out this. whatever happens, will set a precedent. syria will be the first country to use chemical weapons on its own people since saddam hussein did 15 years ago. we want to make sure whatever response we have is effective and set as standard for what happens later. if assad is using chemical weapons, what is to prevent

syrian rebels, if they get in charge, what if they get the chemical weapons stocks piles, would they use them? we have to look ahead and say, what is iran doing? we need a system of dealing with our allies, having incontrovertible proof someone is doing this and have a plan how we take out those weapons, as worse as all, imagine how bad those pictures are, can you imagine what the would happen if the chemical weapons were used against us or our allies in the region or the united states? martha: tough job for the president or administration. very difficult questions to answer here. kt, thank you so much as always. >> thanks, martha. gregg: want to show you a live look at cairo and the prison where former egyptian dictator hosni mubarak is being held. expected to be released any minute now. so what will that do to the already kay i don't think tick and violent situation in egypt? we'll have a live report. martha: this story has gripped the attention of this country.

three teenagers admit that they pun gunned down this college athlete in cold blood when he was out for a jog, basically for the fun of it when they brought them in. we have a one of the tweets that suspect said about hating white people. as suspects get set to face the justice system. >> and i'm going to do everything that i can to insure we see these three thugs pay for what they did to christopher lane. the great outdoors... ...and a great deal. grrrr ahhh let's leave the deals to hotels.com. oh my gosh this is so cool... awesome! perfect! save up to 30% plus an extra 12% off with coupon... now until labor day. only at hotels.com

gregg: we're getting new reaction to the brutal murder involving three teenagers. australian baseball player, christopher lane, gunned done while jogging and police say the

three suspects did it because they were bored. the shooting renewing the racism debate nationwide. reverend jesse jackson responds saying quote, the recent incidents of violence in america, most notably the murder of christopher lane, an aspiring student athlete from australia in oklahoma and attack on a student on a school bus in florida, once again calls each of us to collectively resist all forms of violence in our society. in particular black on black violence that disproportionately affects every facet of black life in america. these horrific episode that leave all rationally-thinking people appalled and others feel paralyzed can not be addressed by our silence or abdicating our personal responsibility. garrett tenney joins us live from the middle east bureau. garrett, what will happen to the teenage boys arrested over this killing? >> reporter: yeah, gregg, the district attorney said his office is going to do everything they can to insure that these

boys pay for what they have allegedly done. prosecutors are going to try two of those young men in adult court. they have been charged with first-degree murder. those two are 15-year-old james edwards, jr., and 16-year-old, chancey luna. they are being held without bail. the third teen, 17-year-old michael jones, who police say was driving the car when the other two shot and killed christopher lane has been charged with accessory after the fact and using a vehicle during the discharge of a weapon. his bond is set for one million dollars. that district attorney, jason hicks described the area there in oklahoma where this happened, saying this is not something that you would expect to see there. >> this is not something that is supposed to happen here and to those friends of ours in australia, we would say to you this is not duncan, oklahoma. this is not stevens county, oklahoma. this is not something we see happen here and i will do everything that i can to insure we see these three thugs pay for what they did to christopher

lane. >> reporter: today police are continuing to search for the gun the teens used in this crime. gregg? gregg: this is so mystifying that this could happen anywhere in america. do we have any idea, a better idea, just why these teens targeted christopher lane? >> reporter: yeah, gregg, there are some growing questions whether or not this crime was racially motivated. on what is believed to be the twitter account of one of those three teens, 15-year-old james edwards, jr., there are several seemingly racist tweets you can find there. this one from a few months ago that says, quote, 90% of the white people are nasty hashtag, hate them. police as they also said, boys told them this crime was just for the fun of it and was something to cure their boredom. meanwhile christopher lane's former baseball team in australia is planning a memorial in his honor this weekend. gregg? gregg: garrett tenney, thanks very much. appreciate it.

martha: lots more coming up on that on "america's newsroom." meantime al gore is once again taking on his opponents of climate change but his description of the opponents gotten at love attention. we'll tell you what he had to say. see what you think about it. gregg: one woman's very calm, heroic response under enormous pressure, well it made all the difference in the world. how she put her life on the line and navy saved many children's lives after an angry armed man stormed her school. dr. keith ablow on the lessons we can all learn from this here low. -- hero. >> hello if. >> yes. >> i'm tell you something, babe, i never been so scared all the days of my life. >> you but did great. >> whoa, jesus. >> you did great. >> oh god.

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martha: want to get to this fox news alert break being now from egypt. hosni mubarak, who ruled this country with an iron fist for 30 years is now expected to be released from prison any moment now. we're just getting word a helicopter has arrived at the prison where he is being held. it will pick him up. this will be a very dramatic moment in egypt. he will, we understand, be placed under house arrest, a move that could further inflame egypt's very deep divisions between the military and the muslim brotherhood. leland vittert has been on the

story for us from the very beginning. he is in jerusalem. what do we think would happen when mubarak is released and when do we think it is going to happen, leland? >> reporter: we think that helicopter could take off anytime in the next couple minutes from the main prison in cairo. military helicopter, taking president mubarak to a military hospital where he will be held essentially under house arrest. this is the u.s. equivalent out on bail awaiting retrial. he was convicted of ordering the killing of a number about protesters during the 2011 revolution. that conviction was appealed, overturned and now he is awaiting retrial. there is a little bit of an irony here just after the coup that brought back the military that was obviously so supportive of mubarak for the 30 plus years he ran egypt, just as the military is about to let him out of prison there are a number of muslim brotherhood leaders who have been rounded up past couple weeks in that very same prison right now. they're not getting out anytime

soon, martha? martha: cozy quarters in a 10 shaun-filled situation. what do we think might happen once the people in egypt realize that mubarak has been released? >> reporter: well that is the million dollar question. probably a couple of billion dollar question and gamble the army there that runs egypt is taking right now. mubarak has a lost supporters that support the army, mainly the saudis and emirates that want to see him out of prison. there is pressure came from the saudis related to that. the question will this inflame the streets. muslim brotherhood have not been able to get a lot of people out. we'll see if this changeses that. martha? martha: thanks, leland. we'll go back as breaking news merits. once the helicopter takes off it will be a very significant moment in this whole story. so hosni mubarak, let's take a look and get a little context on the story throughout the years. from 1949 he graduated in the from the egyptian military

academy. in 1975 anwar sadat appointed him vice president of egypt. in 1981 saddat was assassinated in front after military parade and mubarak became president of the country. in 1981 in one of his first moves he said egypt would stick to the 1979 historic peace treaty with israel, the first by any arab nation with the jewish state. in 1989 militants tried to assassinate mubarak when he was visiting ethiopia. he easily won the first open election in 1995 over 10 other candidates. there were charges of voter fraud and intimidation. it was a step towards more of an election scenario in egypt. in 2010 parliamentary elections in egypt roundly condemned as corrupt. the muslim brotherhood responded by withdrawing all their candidates who ran as independents from a second round of voting in that case. from january to february in 2011, in the early days of the

so-called arab spring, thousands of protesters opposed to mubarak clashed with the police in the streets of cairo. we will never forget the unbelievable moments we watched unfold there. three weeks of massive protests and killings. mubarak rescinded, handed power over to the military and in august of 2011, his trial opened in cairo from the defendant's cage he denied all of the charges against him. june of 2012, the 84-year-old was sentenced to life in prison a sentence that was overturned on appeal and today, 85 years old now, hosni mubarak waits for a huge moment he may be released now that the military is back in power in egypt. we'll bring you all of that live gregg: al gore, always up to the task when taking on those opposed to his ideas on climate change but what he said in an interview about when he thinks those folks will come around on that issue is raising a whole

lot of eyebrows. gore saying this, we're quoting, i think the most important part of it is winning the conversation. i remember as a boy when the conversation on civil rights was won in the south by, i remember a time when one of my friend made a racist joke and another said, hey, man, we don't go for that anymore. the same thing happened on apartheid. the same thing happened on the nuclear arms race with the freeze movement. the same thing happened in an earlier era with abolition. a few months ago i saw an article about two gay men standing in line for pizza and some homophobe made an ugly comment about them holding hands and everyone else in line told him to shut up. we're winning that conversation. all right. are you scratching your head on that? doug schoen joins us, former advisor to president bill clinton. monica crowley, radio talk show host. both are fox news contributors. comparing climate skeptics to racist homophobes and drunks may strike some people as beyond

hyperbole and a non-second wit ture into the category of dumb and demeaning. what do you think? >> to compare climate change which was previously global warming, i don't know what they're calling it these days, but to compare that with the civil rights movement, to compare that to slavery and abolition is really preposterous and absurd and insulting and degrading but this is al gore and who he is. he always goes down the road to hyperbole especially when he is realizes not only is he losing the argument on climate change but losing the science because the science is not settled. nowhere near settled. gregg: it is not settled, doug to that point, it is obvious man and industry emit carbons, but we see it every day. >> yeah. gregg: but there is legitimate debate the extent to which that is affecting climate. now to demean that debate and those scientists who are a bit skeptical, is not constructive, is it? >> no, i don't think it is

constructive. on the other hand there will be a new u.n. report coming out next month or so that shows the balance of the evidence is suggesting that climate change, that man-made efforts are in fact degrading our environment. monica and you are certainly right. the science is not settled. we're not clear on precise impact, but to me, nuclear, energy, nuclear power, nuclear weapons, climate change, these are issues for debate and rationale judgment. they're not like racial issues or discrime issues. gregg: beyond hyperbole there is hypocrisy, this from a guy who flies around the world in a private jet spewing carbon dioxide. here is what he said. i plucked this from a senate report. he said, this was five years ago, the entire north polar ice cap will be gone in five years. gee, last time i checked it is still there. >> yeah. gregg: he also claimed sea level would rise 20 feet. scientists are laughing at that wait a minute.

maybe, worst-case scenario a few inches over a century but 20 feet? is this a guy who tend to exaggerate and as a consequence loses credibility? >> yes. he had a long-standing record of this. gregg: he invented the internet after all. >> clearly we know this. he has a long record. doug mentioned u.n. intergovernmental panel of climate change, for years they have been exaggerating the science. a lot of this corruption in how they're looking at the science and what they have been reporting, that has come to light over the last couple of years. so look, to me, when i look at this, this is not even about climate change. this is not about man made or not. the left has been pushing this a couple decades. not because they care about the earth per se because they're interesting in global wealth redistribution schemes, taking money from rich countries, transferring them to poor countries. that is what it is about. that's why as science changes and global temperatures have flattened out and not been warming that is why they keep changing their tune and their message.

gregg: democrats in the senate on jewel 18th held a big senate hearing on climate change. they had a bunch of experts there, all of them were asked do you any of you agree with president obama's claim that climate is accelerating, temperatures are accelerating over the last 10 years. dead silence, not even the democrat experts could agree. >> you should be a expert, not a democratic expert or republican expert. gregg: they're experts selected by the democrats. >> in fairness the new u.n. report says it is very, very difficult to quantify the degree to which temperature or glaciers melting are impacted precisely. we just don't know enough yet to answer those questions. gregg: right. >> the scientific conversation is very fluid as it should be. >> correct. >> from a political standpoint, gregg, when you look at polling numbers, climate change, global warming, whatever you want to call it ranks, very, very low. in fact at the bottom of the list. gregg: it is constructed to have a respectful discussion. >> absolutely. gregg: not a debate on

ridiculing an demeaning people. >> and not seeking to change vast sections of our economy in order to fit a political again today. >> got to go, guys. monica crowley, doug schoen. thank you. martha? martha: nsa secrets have been revealed at least to some extent at this point. how many times the spy agency reportedly violated constitution according to some by spying on americans. we'll talk about that plus -- >> 4,000 hits. gregg: yankees ichiro suzuki joining a very exclusive club, getting 4,000th hit from america and pro days in japan. you have to include those. only two major leaguers, pete rose and ty cobb reached 4,000 hits. way to go. ♪ e way?

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martha: there are even newer revelations now that the nsa secretly gathered 56,000 codomestic emails from americans over the last few years, americans who showed no ties with terror. since then the agency has been ordered to revise their tactics but the court charged with overseeing this program now revealing a 2011 court opinion that said this. quote, for the first time the government has now advised the court that the volume and nature of the information it has been collecting is fundamentally different from what the court had been led to believe. so you have a fisa court feels like they have been left in the dark and the question of whether or not this nsa program has run rampant with things they shouldn't be collecting. joined by mike baker, former cia covert operations officer, president of diligence llc. global security firm and stephen hayes, writer "weekly standard" and fox news contributor. it makes tough for the court to

do oversight when they seem to not have too much information what is actually going on there and you have a lack of transparency on the part of the administration, mike. >> well, i think the administration now has released this finding that came out in part to show, look, there are checks and balances in place. they're imperfect and human system and we're talking about vast amounts of data. they're trying to show the fisa court is independent and there are balances in place. you have to remember what they're talking about is a self-reported problem that nsa identified and was dealing with about 55, 56,000 communications in a year as opposed to the 250 million plus communications that they are collecting as a group. so -- martha: that is a drop in the bucket. i totally get that, mike, but they wouldn't have revealed it, i don't think unless they had been nudged to do so by various reports that have been coming out in the press. so steve hayes, let me go to you for a moment. what you've got is reluctant

transparency and it makes americans wonder, what's next? >> yeah i think that is the big challenge here. on one hand nobody should be surprised our intelligence agency, particularly the one that's most secretive would be reluctant to share how it operates with the american people and also the people who it is collecting on but the challenge i think for, for the nsa and for the intelligence community more broadly is to make a case in a way doesn't look like now belatedly sort of leveling with the american people and i think that's where this, this particular opinion that was just released solves some problems and causes some problems. as mike points out, it does show that this fisc, this foreign intelligence surveillance court, was able in effect to police the system to change it, however belatedly but it also shows frustration that the chief judge there, john bates, had with the nsa and reporting. at one point bates wrote in a footnote there had been

substantial misleading of the court by the nsa, by the intelligence community. that's not going to make or put people's minds at ease how the program is operating. >> it's not and one of the things, mike, that strikes me and i know you support this program and i think at love americans would be supportive of the program even one or two examples of specifically ways that this program has worked to keep them safe. i think one of the big concerns is that it is so overbroad, so tremendous in its scope, that it is mostly cya, so they can say, you know what? yeah, we had that phone number, show people, connect the dots, say here exactly how it worked and how it saved us. i don't think they have an example like that or i think they would have shown it to us. >> well, no, you have to remember. it is intel community and they're dealing in classified information. martha: understood. >> you don't spend time highlighting success. that is problem with the intel

community. that is why they're a great target and marched up to capitol hill and get their back sided kick because they no way to defend themselves. this is information coming out of wholly domestic transactions, 56,000 or so a year, that was reported by nsa in 2011, well before the dysfunctional snowden came out with his criminal activity in leaking this information. so, yes, i would argue they are reporting. there tends to be, maybe is because i spent so much time behind the curtain in operation in the government, there does tend to be a self-correcting mechanism. i get the fact of overreaching government. i'm a small government person and my concern with all of this, is from an operational standpoint. can they use the information that they're collecting in a operational point of view? martha: i think you're right. >> when you're talking about investigations no matter what investigation you're talking about you always collect little more information than you need. that is the flaw in the plan. martha: a little more a lot more, a lot more is one of the questions here. i'm sorry, guys, we're out of time. i would love to finish the

conversation another time because it's a big one. steve, thanks and mike, good to see you as always. gregg: a wildfire inching closer to national park. one of fires forcing thousands from their homes and blazing a trail of destruction. . too tasty. [ both laugh ] [ male announcer ] introducing progresso's new creamy alfredo soup. inspired by perfection. new creamy alfredo soup. uh-oguess what day it is!is?? huh...anybody? julie! hey...guess what day it is?? ah come on, i know you can hear me. mike mike mike mike mike... what day is it mike? ha ha ha ha ha ha! leslie, guess what today is?

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martha: well a cab driver who injured two people in new york city this week is now speaking out. he says that driving in the city is too post-traumatic stress disorderful. look at this scene, right around the corner from our building here just the other day. he accelerated to get around a bike messenger you see all time in the area. he lost control and hit the messenger and crashed on the sidewalk. a tourist who was hit, sadly lost her foot in this accident, even though the plumber you see on the right, and dr. oz made

val want -- valiant attempts to save it. what a story. gregg: closing arguments set for today in the court-martial trial of accused fort hood shooter nidal hasan. hasan putting on almost no defense at all against charges that he murdered 13 people in 2009. casey stiegel is live from fort hood, texas. casey, he want ad piece of evidence presented to the jury. what is it? >> reporter: gregg, just one single piece of evidence and it's a glowing performance evaluation that he received while he was practicing as a psychiatrist in the u.s. army. court starts in about five minutes at the top of the hour and we have a busy day ahead. here is how it will all go down. first the jury will get all their instructions on the charges from the judge, then we move straight into closing arguments. the prosecution plans on taking an hour or so, using a power point presentation. this it goes to major hasan, hard telling how much or how

little time he will take. then the prosecution gets a rebuttal. by this afternoon, we're told by fort hood public affairs folks we in fact could see the panel get this case. if he is found guilty by the 13-member panel, we move into the sentencing phase. so it will be an interesting day, gregg. gregg: casey stiegel, we'll let you get into the courtroom. casey, thanks so much. martha. martha: he was forced from power and sent to prison. moments from now, former egyptian president hosni mubarak is expected to be released. what this means as the nation slips closer to civil war. bret baier joins us next. gregg: a school bookkeeper face-to-face with a mad gunman but she manages to keep her cool, convinces him to surrender. more of her amazing story and lessons we can all learn from her. >> okay. she said hold on, she is going to talk to the police officer and i will go out there with you >> [inaudible] >> well don't feel bad, baby.

my husband just left me after 33 years. >> [inaudible] >> yes you do. i mean i'm sitting here with you and talking to you about it. what makes your family smile?

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>> fox news alert, former egyptian president hosni mubarak is apparently just moments away from being released from prison. what a dramatic moment that was. we learned a helicopter has landed at the prison where he has been held for the past two years so his release could be moments away. we will take you there live welcoming you to "america's newsroom." gregg: in order for his release, he will be taken to a new location and he will be held under house arrest. chief washington correspondent james rosen joining us.

what can you tell us about mubarak? >> good morning. he has been in ill health, 85 years old at this point. if you observers would show it as a stabilizing event in egypt however in some sense would be a man without a country as both of the parties to the current conflict in egypt. the muslim brotherhood faction one hand in egyptian military security services on the other hand coadjutor did from the downfall in the revolution of 2011. he will indeed remain under house arrest them attend the political influence that he can exert. it is worth noticing several recent bouts with illness in recent years. gregg: let me switch you over to syria. it has been a year since obama declared the use or movement of chemical weapons would cross a redline.

does it appear the red line has been crossed yet again? >> there are these credible reports of a massive chemical weapons attack just outside of damascus. there is as of yet no single response in which it has strengthened in recent months. showing it shon showing the capl of the mask is again. not far from the chemical weapons attack we are hearing from the cap anywhere from 500-1700 men, women and children. their about the full passage of a year since the president first drew his redline and chemical weapons use. >> it had been, and we are in a circumstance where the regime is still in power. but you have a large segment of the community aligned against them.

united states of america providing assistance to the opposition. united states of america trying to assist in the meeting of the syrian people. this is a situation that is ongoing. >> ongoing indeed. have called for special inspection that has touched down to investigate past allegations of attacks. now given the authority to investigate this new site. they weapons backed security council water down by the russians and the chinese. gregg: james, thanks. martha: bret baier anchor of "special report" here on fox news. he joins me next. the u.n. try to figure out whether or not chemical weapons were used and what should be done about it. the word is our new ambassador to the u.n. did not take part in a discussion, is that right?

>> that is right. m bastard just in this position did not attend emergency meeting of the united nations security council on syria specifically on these alleged chemical weapons attacks. we have asked the u.s. for a statement and here's what they came back with. and messer power is a prearranged trip and did not attend the conference in person. ambassador power has been in constant contact with the staff and white house. participating in the national security council meeting on egypt convened by the president giving instructions to her staff. the u.s. deputy was there. it is pretty interesting. her twitte twitter account was y active about the horror of the alleged chemical attack and she was sending out a lot of messages in the past 24 hours but did not attend big u.n.

security council meeting about this very topic. martha: it just raises a ton of questions obviously about what she would or would not say if she was part of that discussion. we have also had singles for the chairman of the joint chief of staff that this appears to be a situation in syria that we are backing off from. if there's any way to look at this and this point determining neither side is one that we want to support. >bret: in a letter to congress, chairman of joint chief said there are two bad options here, and until we get further options about how each group would handle itself, the u.s. cannot fully go in with some full effort especially talking about taking out air defense as well. that was not received well on capitol hill. the democrat wrote back saying

that answer is unacceptable. i take this back and forth about policy in syria and egypt going on for some time. martha: it raises so many questions about our role and if we have an interest in the leadership role. not being at that meeting raises questions about that as well. we just got pictures of hosni mubarak according to what i am hearing from the control room he has been taken from the prison and this apparently is a picture of him being put into an ambulance and being brought to what i understand is a military hospital where he will be in the meantime a sickly under house arrest. one wonders if this stirs the hornets nest in egypt even further. presidenbret: that is right. suggest the charges will be rolled back. the real deal is mubarak was

charging compositing that killing of protesters in the protest that ousted him from power leading to the muslim brotherhood taking over. he was sentenced to life in jail. he appealed that, and a retrial was ordered. it started in may, but he has served the maximum amount of pretrial detention time permitted in the case, so they are, as you see here, by helicopter taking him out of the jail and putting him under house arrest. they say all under law. he could stir emotions in the streets especially with the muslim brotherhood. martha: a situation with aid and if we continue to give aid, whatever gap pulled back, we're happy to fill and israel is in support of the military rule feeling like that is unstable leadership for them.

are we being cut out of this equation? bret: yes. even heard them say our influence in egypt is pretty minimal. i thought that was eye-opening to hear from the defense secretary to say because a relationship between the military, u.s. and egyptian has been very significant and $1.6 billion of military economic aid has always held some weight. it is now trumped by 12 billion plus by gulf nations, saudi arabia. they have an interest seeing the muslim brotherhood because of the potential threat to their owner team. martha: an interesting thing of why he has had a great week. he looks at what happened in egypt, though the united states is not being persepolis in what is going on egypt, standing back

and the chemical weapons attack that appeared to have happened in syria. thno reaction yet. we send a signal to him we really aren't going to have any influence in syria either. bret: he said of chemical weapons aren't moved, not in use, but moved around syria, there will be consequences. now the u.s. believes at least one attack did have been confirmed in europe. now you have several other attacks alleged and news ambassador to the united nations did not attend the security meeting about the chemical attacks. you are right, it does send a message. martha: will be interesting to see at the news conference today how questions are answered with regards to the lack of attendance at the u.s. meeting.

thank you so much, lots to talk about tonight on a special report and we will be watching tonight on this and all of these headlines and issues. that is every weekday 6:00 p.m. eastern on fox news channel. we will see you later. gregg: international outrage over the murder of a jogger after teenagers said they did it because they were bored. but no comment from the white house of the shooting is a lack of response appropriate. >> if you want to feel good about something today, that was a panic situation but it ended well all things this woman who is a true hero. she is credited with saving everybody's life that day. by staying cool in the face of danger, talking the gunman down. how could she do that? how was she able to find reserves to pull that out? next.

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the dodge summer clearance event. right now get 0% financing for to 72 months and no payments for 90 days on all dodge vehicles. martha: well, we're being told the next mayor has some see it in san diego may soon be over. the mayor has reached a deal over the sexual harassment lawsuits with 17 women made claims he inappropriately made advances to them in the workplace. word of the settlement coming after two weeks of therapy and three days of mediation. so there you go. details including whether or not bob filner will resign are being kept quiet right now. the city attorney says it will stay that way until the council signs off. >> any rumors you hear about the proposal you may deem to be

untrue because the people standing here are the ones who know of it, and we all committed to the judge we will maintain the confidentiality of the mediation. this is our process. martha: everybody's waiting on the edge of the seat to see what happens to mr. filner. he is based growing calls to step down and a massive petition to have him recalled is already underway. ♪ gregg: wants to tell you a bit more about this incredible story in georgia. a bookkeeper held as a hero for convincing a gunman who opened fire at the elementary school to give himself up, saving the lives by keeping the cool in the face of danger. spent half an hour with 911 dispatchers while combing down a very disturbed young man who is

heavily armed and even negotiated his surrender with police. here is part of that critical call. >> what did you say sir? you should have just got a mental mental hospital instead of doing this? because he is not on his medications? i can help you, do you want me to talk to them? okay, let me talk to them and let's see if we can work it out so you don't have to go away with them for a long time. no, it does matter. you have not tried to harm, that does not make any difference, you did not hit anybody. let me ask you this, he just shot outside the door. if i walk outside there with him, they won't shoot him or anything like that, he wants to give himself up, that is okay.

just wants to go to the hospital. gregg: she was acting as an intermediary and it seems quite brilliant. afterwards she told him she loved him, she was going to pray for him. let's talk about it now with dr. keith ablow, psychiatrist and member of the fox news team. a lot of people would have just collapsed under those circumstances facing imminent death and violence, yet she kept her cool, doctor. talk to us about what she did. >> 's not only kept her cool, she kept her warmth. she didn't become robotics, she did assume she was in the company of the devil. she assumed she was in the company of what he said he was, he disturbed mental ill person. understand a piece i understand

her, her struggles, allowed him to talk about his, and thereby saved the day, perhaps, in a very significant way. gregg: she reasoned with him like you haven't heard anybody yet so we can get out of this thing. with reasoning she empathized and sympathized and reassured him that everything was going to be okay. she became his new best friend, right? dr. ablow: empathy is king. you are using all the language that is important because you said she used the word "we." people on the edge are looking to be polled backup over the edge even if it looks like a lost cause, it isn't. if all you are thinking about in those moments is how do i jump out the window, she wasn't thinking that, she wanted to say the kids. more than that, how do i save this troubled man? she was thinking that, and he

felt it. people are remarkable in their ability to communicate to others that they care. gregg: sometimes people who are mentally disturbed and psychotic and on the precipice of committing, they just need somebody to talk to, right? dr. ablow: listen. clearly if you could have wrestled the gun away from him and known it with the surety, absolutely you do that. but there is an opening often when people seem quite irrational, because the truth is they did not get to be irrational at all kinds of support around them and everything they needed. very often the road was paved with trauma, the belief they are completely isolated and alone and that nothing will ever get better for them and they are in eternal war with everybody around them. she reached out to him and convinced him that is not so and thereby convinced him let's go out the door. gregg: so what's the take away?

what have we learned from all of this that turned out so very well for those children and the adults? >> the take-home lesson is while not every situation that is a hostagetaking has any window of opportunity to actually reach the person taking the hostages. keep reminding yourself there might be that window. the way to go through the window is often dehumanize yourself so you are not just a hostage or potential victim, you are a woman with a family and struggles and humanize as hard as it is the person taking these terrible actions that could lead to calamity. do not forget it is a person at the end of his rope who believes there is no option. gregg: her last name may be tough, but she is also warmhearted. the sensitivity seems to have saved the day. dr. keith ablow, thank you. dr. ablow: thanks.

martha: a brand-new video, that is we believe the helicopter that carried hosni mubarak, the former egyptian president from the prison he was into military hospital. what his release could mean for this already very unstable region. gregg: and what a scene. dozens of trees suddenly sinking into the water. details on what happened here. ♪ the great outdoors... ...and a great deal. thanks to dad. nope eeeeh... oh, guys let's leave the deals to hotels.com. nice bear. ooh that one! nice. got it!

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gregg: this has to be the video of the day.

swallowing up a huge number of trees in a matter of seconds. the trees are leaning, and then they just think below the surface. it is roughly 25 acres across. basically the size of 22 football fields. seems to be hundreds of feet deep, all has been steadily growing since it first appeared a year ago. speak to a meeting, and they completely disappear. fox news alert for you, these images out of california today, a massive wildfire burning dangerously close to the yosemite national park, it is completely out of control. this is just one of some 50 wildfires raging across the country right now. adam is live in the newsroom. are there threats from this fire to the park at this point?

adam: it is the rim of the park. if you have been down to yosemite, it is a large park stretching out to other areas. it is burning some pristine areas, not near the iconic locations you are so familiar with. we have some this morning coming in, taking the dry ponderosa pines go up like matchsticks. it is a difficult fire location because a lot of these conditions involve steep terrain along with the dry temperatures and the fact that it is so hot. at one point they had to almost to the command post where they park a lot of equipment used to fight the fire. take a listen. >> is one of those things you don't really want to evacuate

the camp. it looks dicey, but this is the safest place. we put a lot of hardware and vehicles on the road. not knowing which way the fire is going to burn we put more folks at risk. adam: 85 855 firefighters are battling the blaze. speech was about the other fires burning out west? adam: some good news, some bad news. bring together a map to give you an idea of where the fires are spread out. there are 51 major fires from arizona to alaska. you can see the numbers, 10 in california, nine in idaho, nine in oregon. a lot of the fires had been causing so many problems the northwest, oregon, idaho and montana. the yosemite fire seems to be the most incidental. martha: thank you very much.

gregg: the debate over the white house reaction or lack thereof to the murder of chris wayne. what has been said so far and discuss what, if anything, we should expect from president obama on this. martha: and we hear from a key witness in the trial of a teenager accused of killing a baby in a stroller. where this case now stands coming up in a live report. >> put my arms over my baby and he shoved me and he shot my baby right in the head.

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martha: historic moment is unfolding right now in egypt. these are the scenes of hosni mubarak inprisonned for two years, now being released. he will be held at a military hospital. leland vittert joins us live with the latest on from jerusalem. legal land? >> reporter: this is the u.s. equivalent ever held waiting retrial on bond, in this case house arrest n a couple of minutes hosni mubarak was flown from the main prison outside of cairo where he was being held after his conviction of ordering the killing of prisoners from the 2011 revolution. remember the protesters there out on the streets who died during that revolution. he was convicted of that. there was an appeal.

his conviction was overturned. now he will await trial in this hospital or house arrest if he able to be well enough to be moved. that helicopter land ad couple minutes in the prison where he was transferred out of. this is controversial move for the army who has taken inside power in egypt. the muslim brotherhood has called for major protests tomorrow as a couple of groups who are angry about this latest move, greatly easing restrictions on mubarak and his freedom of movement. obviously what happens tomorrow, we'll know a lot more what the egyptian people think about this. martha: we'll watch it all throughout the day and evening. he will. leland, thank you so much. gregg: new questions about the white house's reaction or lack thereof to the senseless murder of chris lane. police say two teenagers told them they gunned down the 22-year-old australian athlete

simply because they were bored that day. chief white house correspondent ed henry brought it up during yesterday's briefing but deputy press secretary josh eastern evident claimed he hadn't heard about it yet. >> any reaction to the christopher lane case. >> not familiar with it, actually. >> oklahoma, 22-year-old australian, 22, 23, i've seen different reports, baseball player, came from australia, was targeted apparently by three african-american young men. the australian was out on a jog and young men apparently told the police they were bored and thought it was fun to kill him. any reaction to that? >> this sound like a pretty tragic case. i would not want to get ahead of the case. president has spoken eloquently about violence in our communities. >> why hasn't he spoken about this. in the trayvon martin case he spoke out extensively on that one. is this in the rose garden? >> he got asked a question about it.

>> and he didn't have to answer it but he did and came out here himself. >> at conclusion of legal process and shared some thoughts. >> for several minutes. >> sure. that are i think, where he expressed his concerns about the impact of violence in communities all across the country. gregg: ro, kahn, radio talk show host. windy city live. howie carr a radio talk show host. gentlemen, thanks for being with us. i always laugh, when officials say we can't comment because it is ongoing investigation. holder does that too. there is no rule or regulation or law that says you can't. it is an utter kinard to hide behind the pretense. the president talked early and almost immediately in the arrest of the black harvard professor. talked about it before the trial in trayvon martin. so, you know why aren't they talking about it now? >> well, you're right. i mean he said that the cambridge police acted stupidly even though he knew nothing about the case. he said that the trayvon martin,

if he had a son, would have looked just like him. and, you know, that, i think that's sort of raised racial tensions in the country. now he won't, he won't comment on this when, when it is reversed. i mean, there is no reason for him not to comment on it other than the fact that he doesn't want to, to offend his base. the fact is -- gregg: let me put a couple of tweets from one of the guys. we'll put it up on the screen. maybe race had nothing to do with it but these tweets sort of invite the question. 90% of white people are nasty, hate them. the next tweet is, kind of cryptic. i knocked out 5-woods. woods means white people, since zimmerman, trayvon martin case. goes on with quite ex-pleattives, quite honestly i don't understand it all. roe, where is the equivalency here from the white house? >> well, i'm not sure the white house should have gotten

involved in trayvon martin and i'm certainly not -- gregg: but they did. >> not comfortable being involved in this. gregg: but they did. >> now we want to politicize is not answering question. it doesn't resolve race relations in america. interracial murder is relatively rare, black on white, white on black is relatively rare. the majority of black and black crime. that should be addressed. the president should address that issue as well as general issue of violence in america and prevalence of hate and this tragic result, think that is really at the center of this. gregg: yeah. you know, howie, martha actually made a good point when we were stalking about it off-camara, if zimmerman had tweeted those messages, my lord he would have been crucified. >> i agree. the fact remains too, that the, kind of crime that took place in oklahoma, black on white crime,

is eight times more likely to occur in the united states than the so-called, crime of zimmerman, a quote, unquote, white hispanic killing a black person in self-defense. gregg: yeah. >> if you're going to comment on one, you real do have to comment on the other much more prevalent case in the united states. gregg: you know, from civil rights leaders, there really has been conspicuous silence. i think jesse jackson finally tweeted something only because he had been confronted about it. here's his tweet. preying for the family of chris lane. the senseless violence is frowned upon and the justice system must prevail. frowned upon? to his credit, later he did issue a longer condemnation but frowned upon? where is al sharpton? if the racial roles were reversed here he would be down there holding a protest already. >> there is no question about

that but why do we keep going back to the racial dynamic here? why aren't we addressing real issue of violence in america and dealt culture and all the things that surround this? continuing propagate the notion race is at center of all these things doesn't do america any service. gregg: does it help when the president interjects it? >> yeah the fact is the president is the one who started this when, when in his first summer he talked about this incident in, the place where he used to live, in cambridge. then he brought it back up with trayvon martin. now he is saying well, you know, let's move on beyond this. he is the one who brought this up. no other president has ever -- at this level. gregg: in the trayvon martin case, police prosecutors, the fbi all said race had nothing to do with it. so go figure. howie carr, re, conn thanks so much. >> thank you. >> disturbing story. the prosecution's star witness

is expected to take the stand today in the trial of a teenager is who is accused of fatally shooting a 13-month-old baby in his stroller. the witness is the alleged come mission in this crime -- accomplice this crime. there was serious debate yesterday whether or not to allow his testimony. john roberts is following the story live from the courthouse in marietta, georgia. good morning, john court court martha could be a very big day in court. dominic lane is expected to take the stand. he is large r charged with murder as well as the suspected shooter, demarquis elkins. he came up to sherry west on the sidewalk. demanded purse. when he wouldn't hand it over. elkins, slapped her with a poise toll and threatened her baby and then started shooting. >> we're still arguing about the purse and i was in panic move. i didn't move. i just looked around. because she said, help, help.

then i turned my head. i heard the third shot. >> reporter: as you mentioned, martha, the set sought to bar lang's testimony in court during that hearing because he has holes in his recollection of events after the shooting but judge steven kelly denied that motion. so he will testify, martha. >> the defense is casting a very wide net of suspicion in court on this, are they not, john? >> reporter: they are. they're throwing up a lot of smoke. yesterday they suggested that initially the baby's mother, sherry west, was, shelly west was potentially a suspect in the early going. yesterday, and, early today, they were taking aim at dominic lane's second or third cousin rather, joe lang, saying he was dominic lang after the shooting and could not accurately account for his whereabouts. they say he should be a suspect in the shooting pointing out that joe lang's mother is already in jail for murder. martha? martha: john, thank you very much. gregg: unbelievable case of

unemployment fraud. one woman collecting benefits in eight different states for years, using 50 different stolen identities. how did she get away with that? is there any way to protect against this kind of fraud? martha: and new trouble for former teen idol david cassidy. say it isn't so. gregg: doesn't look like that anymore. martha: arrested by the police again. fans definitely will not love this. ♪ what makes your family smile?

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gregg: '70s teen idol david cassidy picked up for a second time on drunk driving charges. that means he is now facing a felony charge this time around. yeah, this is his mug shot. sorry about that, martha. martha: oh. gregg: former "partridge family" star doesn't look like that anymore, huh?

cops pulled him over early wednesday up state new york, driving with brights on. failed a field sobriety test. blew a .10. arresting officer was named tom jones which cassidy said, what's new pussycat. martha: he was so cute when he was a teenager. what are you going to do? don't drive with the highlights on. moving on to this lovely story about a ohio woman now been convicted of get this, using 50 stolen identities to collect unemployment benefits in eight different states between 2009 and 2014. here she is. 46-year-old audrey, kostar, sentenced to four years in federal prison. she is ordered to repay nearly $79,000 in fraudulent unemployment benefit. she used some of her fake identities to open bank accounts where unlawful benefits would be deposited. pretty smart some might say. quite the con woman some might

say. matt mccall, penn financial group, what do you say about this? boy, she was pretty good at this, huh? >> she was good at it. if you're a good criminal, we don't know about it because you're not getting caught. i look at this in numbers way. $79,000 three years, 50 different identities. break it down she is not making that much money per identity and not doing that good after job. shows a bigger picture here. the fact she has 50 stolen identities, eight different states, eight different state agencies being duped by this person. i can't believe she is that smart and that intelligent. no intelligent person will be doing something like this in my mind. shows there is a breakdown really in our state agencies. anything run by the government these days, i feel like it is so easy to happen. how many people are doing the same thing as this woman unfortunately? martha: that is what really strikes me. when i looked at the story originally, the amount of time and effort on her point went in

to pulling off this. now she is faces charges. guilty on two counts of fraud. it is much easier to go out and get a job to make that kind of money over those years, right? >> would you think so, unfortunately i think what happened last six years or so, a lot of americans relied on subsidies given bit government. handouts they're giving, extending unemployment benefits for extra weeks. amount of food stamps being hand out, welfare increased obviously last five or six years. a lost americans have become reliant on the government. i'm not saying this person false in the category. at love people need to rely on the government. i'm not saying that either. at the same time we have a mentality, a lot of americans, if we can take this for free let's take it. martha: we did the story for hawaii, the benefits are so generous there, lots of people are finding that they do better just kicking into the government benefits. >> yeah. martha: you look at these stories and you have to sort of scratch your head. we're doing all the nsa stories

and surveillance and the government is everywhere. i think, boy how did they let this go on for so long? it appears, there, the ability, how good is the government checking up? is someone looking for a job which you're supposed to be doing when you're on unhe will employment, right? >> or if the person is real person. martha: good point. >> fake identities. i think what happens in a government situation, a lot of these jobs shut should be outsourced. government is here to oversee what is going on in this country my mind. knot here to run a business. this is not being run by people that should be ceo's of companies. if president obama was a ceo of fortune 500 company he would have been fired many years ago. so if you look at it, underlings before him work for the ceo. you're not getting proper guidance from the ceo. i see why this situation happens. martha: 50 fake identities in nine different states. finally, finally after three years they caught up with her. matt, big picture story too as you point out. thanks so much. good to see you.

gregg? gregg: how many others out there still doing it? more backlash over obamacare and its mandate that americans buy insurance or face a fine. well, turns out the rule doesn't apply to everybody. who can opt out without paying up? ♪ [ female announcer ] when your swapportunity comes, take it. ♪ what? what? what? [ female announcer ] yoplait. it is so good.

martha: some overseas numbers helping to push the dow jones industrials up a little bit this morning, up about 56 points so far after a bit of a tumble at 14,954 this morning. so we'll keep an eye on the market action as we get moving through the day here. gregg: more fallout over obamacare. growing questions now over what it means for select groups of americans who, unlike everybody

else, can decide for themselves whether to sign up or not. william la jeunesse is live in los angeles with more. so, william, who are these groups being exempt from the individual mandate? >> well, the individual mandate, gregg, is really the cornerstone of obamacare. without it, healthy people leave the system and sick people can't afford the rates. in order to get 100% compliance, congress promised to penalize everyone. at least that's what we were told. turns out many get exemptions. religious groups, inmates, victims of domestic violence, those who are broke or poor. but the largest group of americans exempt from the mandate are native americans. >> employees can choose not to accept private insurance knowing that, well, i'm going to enroll, and you know, i'm exempt as an american indian. >> the increasing le not only is it affordable but it is unworkable and this is unfair.

individual mandate, employer mandate issues and exemptions for some and not for others, that feeds into that public perception. it is not fair and not treating everybody the same way. >> reporter: cord together congressional budget office six million americans will pay a penalty next year for failing to have insurance. gregg. gregg: if native americans don't have to sign up, how do they get health care? >> they already receive free health care through the 4 billion-dollar a year, taxpayer-funded indian health service which operates hospitals and clinics across the country. under obamacare many will receive subsidies to buy private insurance through the state exchanges. >> i believe the exemption gives them an option. i believe that if american indians choose to participate, and purchase insurance on their own, that that certainly is an option they're allowed to exercise but not required. >> reporter: so the individual mandate is not a mandate for everyone. the exemptions, the subsidies

for some could undermined the confidence of others, gregg, who have to pay full ride. back to you. gregg: caveats, exemptions, waivers delays, you name it. william la jeunesse. thank you. martha: coming up we'll take you back to the breaking news out of egypt this morning. there is the helicopter that carried hosni mubarak, the former president of egypt to a military hospital. he has been freed pro prison. all the latest on the breaking news and what it may mean in the streets of cairo. stay tuned.

martha: how about this one? a bizarre but apparently effective app got banned by google after complaints the so-called boyfriend tracker, can you imagine, is a violation of people's private system the android app allows a user to track a lover's whereabouts via smartphone. this does not sound like a good idea, right? there is function that allow as tracker to listen to